MsLods’ news round-up: law + technology


The responses to the Australian government’s Discussion Paper on Online Copyright Infringement are trickling through to the Attorney-General’s website.

This Tuesday 9 September Minister Turnbull  will host the Online Copyright Infringement Forum with industry leaders. The forum will be webcast from 6.30pm

iiNet lets fly in its submission to the government’s copyright consultation. | Gizmodo Au |  (Full submission)

How film studios want to use data retention to crack down on piracy. | ZDNet |

Piracy policy could sully Australia’s image. | AFR |

Defamation & media law

A landmark judgment – Bleyer v Google. | INFORRM |

Corby’s siblings awarded more than $300,000 in compensation for defamation. | Daily Mail |

Privacy & information security

Please stop saying celebs shouldn’t have taken nude photos in the first place. | Forbes |

Challenge to NSA’s mass surveillance inches it way up the court system. | ACLU |

Extraordinary rendition and the secret role of metadata. | Ryan J Gallagher |

ALRC recommends tort for serious invasion of privacy. | ZDNet |

Australia Federal Police mistakenly publish metadata from criminal investigations. | The Guardian |

Tribler makes BitTorrent anonymous with built-in Tor network. | Torrentfreak |

iiNet, industry & consumer organisations seek limits on website blocking (section 313). | ComputerWorld | 

The trap of simplicity: why analogies for surveillance fail us. | Privacy International |

Aussie game classification receives first major reform in nearly 20 years. | Develop | 

Chattanooga’s Gig: how one city’s super-fast internet is driving a tech boom. | The Guardian |

Social media

Reports of Twitter shifting to algorithmic timeline raise concern about user control and experience. | Digiphile |

What is ‘fairness’? What happens when technology decides? | Medium |

Internet Archive uploads more than 14 million public domain images. | Boing Boing |

7 September 2014

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MsLods’ news round-up: law + technology


Is copyright infringement theft?  | MsLods storify |

You’ve got 1 week! Input sought on online copyright infringement proposals.  | Australian Digital Alliance | & my collection of #copdis resources:

How many jobs does IP actually create? A US analysis. | Mercatus Center |

Anti-piracy firm wants to fine Canadian and Aussie file-sharers. | TorrentFreak |

New Zealand: Another alleged music pirate pinged under ‘Skynet’. | Stuff |

Village Roadshow no-show for online piracy forum. | ZDNet |

Defamation & media law

North Coast Children’s Home Inc. v Keith Martin, the perils of digital defamation, by Yvonne Kux. | INFORRM | 

Careful with your coverage of the Redfern murder case – especially pics. | Journlaw |

Financial services group WCS serves online forum Whirlpool over negative post. | The Age |

Privacy & information security

iiNet on mass data retention: is it really the way the west is going? | iiNet |  (pdf)

Targeted ‘preservation notices’ offer an alternative to blanket data retention, says iiNet. | ComputerWorld |  

EFF & ACLU demolish the U. S. government’s “it’s just metadata” claim in their latest NSA spying brief. | EFF |  

Data retention ‘not a significant issue’ for Telstra. | IT News |

Data retention – the implications for lawyers & journalists. | Independent Australia | 

EU lawyers confirm ‘general and blanket data retention is no longer possible’ in the European Union. | Techdirt | 

Metadata – what to keep. | Phil Dobbie | podcast featuring Steve Dalby, iiNet, Mike Maharrey & Paul Brooks.


The Primary Way to Report Harassment Online Is Broken. | The Atlantic |

What happens to #Ferguson affects Ferguson. | Medium |

Social media

What do you call 100 lawyers on Twitter? (A good start). | The Drum (UK) |

China’s new Interim Rules for Internet & social messaging use ( in English). | Fei Chang Dao |

From the US: Arrest over Twitter parody of mayor wasn’t unreasonable. | Ars Technica |

24 August 2014

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MsLods’ news round-up: law + technology


Public consultation: This past week the Australian government released a Discussion Paper on Online Copyright Infringement.  You can have your say with submissions due by 1 September. Follow the discussion on Twitter via -> #copdis

Rights owners must sue mum and dad copyright infringers: Turnbull. | ZDNet |

Film and music companies should foot the bill for online piracy crackdown: Turnbull. | The Age |

Australia you wouldn’t steal a DVD, but you would block websites and suspend Internet accounts. | EFF |

Defamation & media law

WikiLeaks gag order: open justice is threatened by super-injunctions. | The Guardian |

The perils of the Streisand effect. | BBC News |

15 years for lese majeste. | Bangkok Post |

Privacy & information security

 UK’s Drip surveillance law faces legal challenge by MPs. | The Guardian |

danah boyd: What is Privacy? | Medium |

‘I know where your cat lives': pet-stalking app proves privacy point. | CBC |

Putin tightens grip on the Internet: signs new law requiring mass storage of Russians’ data. | Salon |

Protecting your privacy: our stand against data retention. | iiNet blog | and full statement to the Senate Committee: 

Data retention plan will cost $100 million a year, warns iiNet. | The Guardian |

The Fasinatng … Frustrating … Fascinating History of Autocorrect. | Wired |

New broadband users shun ‘child friendly’ filters, Ofcom finds. | BBC |

A year after the IT Pricing Review – Australians are still waiting longer and paying more. | Australian Digital Alliance |

Social media

Facebook’s privacy pivot. | Slate |

Tweeting from courtroom impresses Nova Scotia top judge. | Toronto Star |

Twitter’s latest Transparency Report.  | Twitter |

3 August 2014

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“Mummy is in hospital and daddy is sick …” An afternoon’s visit to MITA detention centre in Melbourne

Visit to MITA (Melbourne Immigration Transit Accommodation) detention centre Broadmeadows (24 July)

I’ve just now properly digested my mother’s account of one of her regular visits to detention centre located in suburban Melbourne after some travel this past week. It seemed timely to publish this given today’s evidence at the national inquiry into children in immigration detention.

This is a lightly edited version of her letter, published with her permission:

When normal visiting hours started at 2pm there was great sadness, as a stateless Rohingya family from Burma, mother, father and three children, who have not long started school, had that morning been sent back to Christmas Island. They had only recently been reunited with their teenage son after 2 years separation. On Wednesday they had to say goodbye to him as he was sent back to Brisbane.

We also heard that there would be a mass and memorial service at 5pm for the brother of one of the Tamil ASIO rejected men who tragically lost his life in Sri Lanka after much suffering.

Another ASIO rejected Tamil man came to me very upset as the day before he had just received another rejection. I had been seeing him on the last few visits as he asked me if I could give him some clothes for his 9 year old daughter, who is having a birthday soon, and his seven year old son so he could send the clothes to them in Sri Lanka.

We meet two grandmothers. One was to be sent back to Christmas Island the next day.

We had parcels for 8 individuals or families. One was for another large extended family. The father is a very bad diabetic requiring 2 injections daily and is having a lot of problems with his eye sight.

Another parcel was for a family where the mother is extremely depressed. There is the husband and 2 young children.

One parcel was for a 19 year old young lady who was born in Afghanistan but grew up in Pakistan. This beautiful young women arrived in Australia by plane 18mths ago seeking asylum. She spent 6 months in Maribynong and has now been in MITA for 12 months. She has seen over a thousand people come and go in that time and is very depressed.

We also had a parcel for an Iranian family, mother, father and 5 year old son. The mother suffers from severe depression and has spent time in hospital. She told me last week that it was her birthday on the 26th and also asked for clothes for the family. They were given clothing and a cake to celebrate her birthday. The husband was very grateful, saying it made his wife happy. She didn’t feel well enough to come to the visitors centre.

An Iranian man that I have assisted with clothing came and said hello. He is still waiting to have surgery on his knee that was damaged in the February riots on Manus Island.

Two mothers, sisters, both with 2 young children were bought in to meet us. They came from Christmas Island at the end of last week. They are suffering from severe depression. It became very emotional when one of the mothers showed me her arms. Both arms showed the scars of over thirty burn marks. She said to me, “all we want is freedom.” “Christmas Island is very bad.” I told her that we do not like what our government is doing. They told us they had a brother on Christmas Island but they rarely saw him because he was in another compound.

Another mother who we have assisted a number of times came to me very concerned about her 4 years old daughter who suffers from epilepsy, and having fits almost every day. She is also concerned that her daughter is very underweight and doesn’t like the food. When I first met the mother about 6 months ago she told me that she and her daughter had been sent to Perth for her daughter’s treatment. They were there for 2 months. During this time her husband and older son where left back on Christmas Island. They were reunited in MITA shortly after the mother and daughter arrived.

An 8 year old girl came up to me and said to me, “mummy is in hospital and daddy is sick.” We have assisted and met with this family many times. The mother is in hospital on suicide watch. Her 8 months old son is with her at the hospital. It is not her first visit to hospital. When the mother was around 6 months pregnant she was sent to Darwin to wait for the birth of the baby. Her husband, son and daughter remained on Christmas Island, affecting everyone’s mental health.

Another mother came and proudly showed us her little 2 weeks old daughter. We had supplied clothing for the baby and the whole family.

At 5pm we went into memorial service for the young Tamil man. This was held in a class room next to the visitors centre. It was a very moving and emotional ceremony. A Tamil priest co-celebrated the mass with Fr Peter. The Tamil priest personal knew the young man. The gospel was read in English, Italian, Arabic and Tamil.

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MsLods’ news round-up: law + technology


ISP blockades on file-sharing sites lifted after Spanish Court overturns ruling. | Future of Copyright | 

Pirate Bay traffic has doubled post-ISP blocks. | Ars Technica |

IP academic tells Parliamentary Committee he can’t see any basis for the assertions that the iiNet decision needs to be overturned. | ComputerWorld | 

iiNet joins web giants to raise concerns about intermediary liability in secret TPP talks. | IT News | 

Six strikes was not designed to provide courtroom evidence of infringement. | Ars Technica |

The troubling truth of why it’s still so hard to share files directly. | Wired |

Embracing the open opportunity: “copyright needs urgent reform”, Neelie Kroes, Vice-President of the European Commission responsible for the Digital Agenda | Europa |

Defamation & media law

Andrew Bolt the latest to apologise over Tony Abbott’s wall punch. | The Guardian |

Australian Government’s latest national security bill to stifle debate. | JournLaw |

‘Restaurant rules’ – David Rolph’s interview on defamation & the perils of reviewing. | Radio National’s ‘Law Report’ |

Is Google undermining the right to be forgotten? | CNN |

Privacy & information security

UK Data Retention Act passed in record time; fight back has already begun. | TechDirt | 

The UK’s ‘emergency’ DRIP surveillance law is a done deal.  | Gigaom |

I, spy: Edward Snowden in exile. | The Guardian | “… what you care about is the metadata, because metadata doesn’t lie …”.

Data retention ‘neither necessary nor proportionate': UNHRC | ZDNet |

Data retention held unconstitutional in Slovenia. | Digital Rights Ireland |

Submissions to PJCIS inquiry on National Security Legislation Amendment Bill due 30 July. | APH |

The website that remembers the things Google forgot. | Washington Post |

Big data is just a big, distracting bubble that is about to burst, says ‘Doc’ Searls. | ZDNet |

The unlikely life of inventor and Hollywood star Hedy Lamarr. | ABC RN |

18 July 1992, the first photo uploaded to the Web, of CERN’s all-girl science rock band. | Brain Pickings |

Internet activism worked today. Here’s how to keep the momentum going. | Wired |

Social media

Google Plus finally gives up on its ineffective, dangerous real-name policy. | Slate |

#thetimeofthegame – When the world watches the World Cup, what does that look like? | The Atlantic |

Facebook, Google and the little people.  | Paul Bernal |

Facebook and engineering the public. | Medium |

Meet Del Harvey, Twitter’s troll patrol.  | Forbes |

20 July  2014

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MsLods’ news round-up: law + technology (*Updated)


 Why Australia should sign the Marrakesh Treaty: Trish Hepworth. | ALIA |

*Australia has now signed the Marrakesh Treaty to give blind and visually impaired people access to books:

“Australia does not have an obligation … to impose liability on internet access providers for their users’ copyright infringements”:  Associate Professor Kimberlee Weatherall. | ZDNet |

Australian Digital Alliance submission to JSCOT on the Intellectual Property provisions of Korea-Australia Free Trade Agreement. | ADA |

iiNet’s Steve Dalby to Village Roadshow: “It’s not our job to stop online infringers”. | Gizmodo |

Choice Australia on piracy and access to content. | Choice |

New copyright infringement laws will increase piracy: Paul Budde. | Buddle Blog |

Rights holders are ‘control freaks peddling futility-on-a-stick’, says iiNet. | CNET |   Site blocking: does it work? 

7th Circuit confirms Sherlock Holmes is in the public domain. | The IPKat |

Athletes’ tattoo artists file copyright suits, leave indelible mark. | WSJ |

Defamation and media law

 East Timor elites try to muddle media. | Crikey News |

$600,000 restaurant review: Fairfax loses 11-year defamation battle. | The Guardian |

The “New” New York Times: Free Speech Lawyering in the Age of Google and Twitter. | Harvard Law Review |

A Policy Background Paper: Media Control and Ownership on media diversity. | Department of Communications |

Privacy & information security

ISIS threat justifies greater surveillance, says former defence secretary (UK).  | The Guardian |

Privacy since Snowden: Mark Stephens. | Project Syndicate |

House votes to cut key pursestrings for NSA surveillance. | Wired |

Australian spy agencies in line for new digital surveillance powers. | The Guardian |

Canada: Internet providers can’t provide customer names and addresses to police without a warrant. | CBC |

US: For first time, Appeals Court rules warrant is required for cell phone location tracking. | ACLU | 

Olivia Taters, Robot Teenager. | On the Media |

In a single tweet, as many pieces of metadata as there are characters. | WSJ |

Time to axe the ‘Australia tax’.  | Choice Australia |

How Amazon is holding Hachette hostage: Cory Doctorow. | The Guardian |

Social media

Social media and the Law resources. | Law Institute of Victoria |

What everybody misunderstands about the ROI of social media. | Gary Vaynerchuk |

The impact of social media on political journalism: Judith Ireland & Greg Jericho. | APH | (27 June 2014)

Lawyers have been given the green light to scan the social media sites of jurors (US). | ABA |

23 June  2014

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MsLods’ news round-up: law + technology


What’s the issue with piracy in Australia? writes Steve Dalby | iiNet |

iiNet calls on consumer fight back to piracy plans. | ZDNet |  

Chris Berg: Coalition in murky waters in the hunt for online pirates. | The Drum |

Web browsing is copyright infringement, publishers argue.  | Ars Technica |

Professor Jill McKeough’s presentation to the Parliamentary Library on the ALRC’s Inquiry: Copyright and the Digital Economy. |

Defamation & media law

Overview of the  Australian Centre for Independent Journalism’s ‘Justice Open and Shut’ Symposium held last week. | JournLaw |

Chris Kenny: I’ll be remembered as a dog f***er who stood up for his rights. |

Privacy & information security

Intruders to the plugged-in-home, coming in through the Internet. | New York Times |

Privacy is not dead – it’s inevitable.  | Boston Review |

Quantifying privacy: a week of location data may be an unreasonable search.  | New York Times |

NSA systems are so complex we can’t stop them from deleting data wanted for lawsuit. | Washington Post |

The killer gigabit app? It’s not what you think. “The speed is the app.” | GigaOm |

Debunking the false construct of piracy and high-speed internet adoption. | Ericsson |

Social media

Who’s behind that tweet? Here’s how 7 news organisations manage their Twitter & Facebook accounts. | Nieman Lab |

Emily Parker on Blogging for freedom in Vietnam. | New Yorker |

On my reading list: “Judges, Cyberspace and Social Media” by Judge J. C. Gibson

10 June  2014

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